The incapacity or death of a family member can encompass strong emotional issues arising from concerns related to beneficiaries’ rights and interests, property ownership, and accountings. Probate and trust litigation may include will contests, disputes regarding trust distributions, contested guardianships, or the disputed capacity of the principal, trustmaker or testator/testatrix at the time they signed their estate planning documents. At Eagle & Fein, we make it our goal to avoid drawn-out litigation, control costs, and maintain family relationships. We want to maximize the chances for families to come to a resolution in their cases in the most economical and advantageous manner possible.

Our Process

Initial Consultation

The first step is to meet with you. At this meeting we learn about you, your family, the issue at hand, and your goals. We want to gather as much information as possible. We analyze the information at hand and recommend some initial strategies.

Strategy Meeting

At the design meeting we present our recommendations for the strategy along with a time-line in which we plan to help you reach your goals in the most economical and advantageous way possible.

Follow-Up As Necessary

We feel that keeping an open line of communication with you helps you feel confident that we are moving toward your goal together. We are flexible and strategies may need to change. We want to work with you every step of the way to ensure a positive resolution for you and your family.

A Message to Children

It is often difficult to know whether or not an aging parent has prepared an estate plan and if that planning included a durable power of attorney. Parents and family members want to maintain their privacy and others do not want to feel invasive regarding their finances or estate plans. At a minimum it is prudent to find out if aging family members have an estate plan without necessarily having to know the details of the plan. If they have no estate plan, it is recommended that they seek legal counsel to learn more about planning while they still have the capacity to avoid future issues with other family members.

If a family member or other interested person suspects that an elderly parent is being manipulated, has been financially abused or simply is not being cared for, contact us to schedule an initial consultation to find out how we can help.